Terms of Use

WEBSITE TERMS OF USE

httpx://www.tahiticandles.com (the “Website”) is a site operated by AVEI'A SARL, a company registered in Tahiti under number D29380 whose registered office is located at Sarateva 3rd floor N°D3, Vallée de Titioro, 98713 Papeete, French Polynesia (“Tahiti Candles”, (“Avei'a”, “we”, “us” or “our”).

The website host is o2Switch, a company registered under SIRET number 510 909 80700024, whose registered office is located at 222-224 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand.

These Terms of Use (and all documents referenced herein) outline the conditions under which you may use the Website, whether as a casual visitor or a registered user. Use of the Website includes accessing, browsing, or registering.

Please read these Terms of Use carefully before browsing the Website, as they govern its use. We recommend that you print a copy for future reference.

You have chosen to visit this Website to purchase our products. Therefore, regardless of your place of residence, your use of the Website will be governed by these Terms of Use and by French law.

We also like to interact with you on third-party websites where we post content or ask for your feedback, including Facebook, Twitter, Instagram, and YouTube (“Third-Party Websites”). We have no control over these Third-Party Websites, and these Terms of Use do not apply to companies that Tahiti Candles does not control or own, or to the actions of individuals that Tahiti Candles does not employ or supervise. You should always check the terms of use posted on Third-Party Websites.

By using the Website, you confirm that you accept and will comply with these Terms of Use.

If you do not agree to the Terms of Use, you must not use the Website.

OWNERSHIP OF RIGHTS

All rights, including copyright and moral rights, relating to the Website are owned by or licensed to Tahiti Candles. Any use of the Website or its content, including copying or recording it in whole or in part, except for private, non-commercial use, is prohibited without our consent. You may not modify, delete, distribute, or publish anything on this Website for any purpose.

RELIABILITY OF CONTENT

The packaging may differ from that shown on the Website. Weight and dimensions are approximate. We have made every effort to ensure that product colors are accurately displayed on the Website. However, how colors are displayed will depend on your computer equipment, and we cannot guarantee that the colors displayed on your screen will be identical to those of the item upon delivery. To the extent permitted by applicable law, Tahiti Candles excludes all warranties, express or implied, regarding the reliability of the information provided in any document on the Website. We are not responsible for the content of any page not belonging to the Website or any other site linked to or containing a link to the Website. Links on the Website are provided for informational purposes only and should not be considered an endorsement by us of the content, products, services, or suppliers in question.

We assume no responsibility to anyone for any loss or damage that may arise from the use of information provided in any document on the Website, on any site linked to from the Website or containing a link to the Website.

DAMAGE CAUSED TO YOUR COMPUTER

Tahiti Candles makes every effort to ensure that the Website is free of viruses or other defects. However, we cannot guarantee that your computer will not be damaged if you use the Website or any website accessible through it. It is your responsibility to ensure that you have the appropriate equipment to use the Website and to detect anything that could damage it. Tahiti Candles will not be liable to anyone for any loss or damage to your computer equipment resulting from the use of the Website.

LIMITATION OF LIABILITY

The provisions of this clause 5 relate exclusively to the use of the Website and do not affect the statutory rights of consumers or any other rights that we confer in connection with the purchase of our products on it (including under the terms of the General Terms and Conditions of Sale of Online Products of AVEI'A EURL – Tahiti Candles).

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under French law.

To the extent permitted by law, we exclude all conditions, warranties, representations and other terms that may apply to the Website or its content, whether express or implied.

We will not be liable to internet users for any loss or damage, whether in contract or tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in connection with:
• the use of, or inability to use, the Website; or
• the use of, or reliance upon, the content on the Website. If you are a business user, please note that we will not be liable in the event of:
• loss of profits, revenue, business activity or income;
• interruption of activity;
• loss of expected savings;
• loss of business opportunities, customers, or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer, please be aware that the Website is intended for domestic and private use only. You agree not to use the Website for commercial or professional purposes, and we assume no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunities.

PROHIBITED USES

You may only use the Website for authorized purposes. You may not use it:
• in a manner that violates local, national, or international law or regulation.
• in a manner that is illegal or fraudulent or that would have an illegal or fraudulent consequence or purpose.
• to knowingly send, receive, transfer, download, use or reuse material that does not comply with our content standards as detailed herein.
• in order to send or obtain the sending of unsolicited or unauthorized promotional or advertising materials or any other form of similar solicitation (spam).
• in order to knowingly transmit data, send or download documents containing viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other malicious program or similar computer code intended to harm the operation of any computer software or hardware.

You also agree to:
• not to reproduce, duplicate, copy or resell any part of the Website in violation of the provisions of these terms of use.
• not to access, without authorization, interfere with, infringe upon or harm:
– any part of the Website;
– any equipment or network on which the Website is stored;
– any software used in the operation of the Website;
– any equipment, network or software owned or used by a third party.

You agree to defend, indemnify, and hold us harmless from any and all losses, damages, or costs, including reasonable attorneys' fees, arising out of or relating to any third-party claim, action, or demand arising from your unlawful use of the Website. You also agree to hold us harmless from any and all losses, damages, or costs, including reasonable attorneys' fees, arising from your use of software robots, spiders, crawlers, or any other data gathering or extraction tools, or from any other action by you that imposes an unreasonable burden or malfunction on our infrastructure.

INFORMATION TRANSMISSION

We welcome your questions or comments regarding the products you use or may purchase. However, it is our policy to decline unsolicited suggestions or ideas. All requests, recommendations, suggestions, ideas, or other information you submit to us ("Information") will be considered non-confidential and non-proprietary. Subject to our Privacy Policy and the "User-Generated Content" clause herein, by submitting Information to us, you hereby grant Tahiti Candles a non-exclusive, royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, sublicense, create derivative works from, distribute, and display such Information in any form, medium, or technology, individually or in conjunction with other works. You also agree that your Information may not be returned to you and that we may use it, and any ideas, concepts, or know-how contained therein, for any purpose whatsoever. Furthermore, if you send us such information, you represent and warrant that you own all rights to it or are authorized to use it, and that it does not contain or constitute software viruses, commercial solicitations, chain letters, mass mailings, or any other form of spam. You may not impersonate any other person or entity, use a false email address, or mislead Tahiti Candles about the origin of the information, and you agree to indemnify and hold Tahiti Candles harmless from any and all claims by you and/or third parties regarding rights to such information.

INTELLECTUAL PROPERTY

The trademarks, logos, service marks, and designs (the “Intellectual Property”) displayed on the Website are registered and unregistered trademarks or designs of Tahiti Candles, our affiliates, licensors, and/or suppliers in French Polynesia, France, and other countries, and are protected by French and international laws. Except as required by an order or by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, modify, or otherwise exploit our Intellectual Property or that of our suppliers without our or their written permission.

USER-GENERATED CONTENT

By submitting ideas, designs, customizations, creative concepts, or any other information (“User-Generated Content”) to the Website, you acknowledge that this may sometimes constitute a transfer of ownership of intellectual property rights. You agree to assign to Tahiti Candles ownership of all potential intellectual property rights and other rights in and to the User-Generated Content. Insofar as this transfer is not valid and subject to Article 121-1 of the French Intellectual Property Code, you grant Tahiti Candles, in the context of the transmission of User-Generated Content to the Website, a worldwide, non-exclusive, perpetual and royalty-free license to use, which includes but is not limited to, the right to copy, modify, publicly display, distribute and sublicense (in whole or in part), the User-Generated Content for any purpose that Tahiti Candles considers appropriate, including, but not limited to, the development, manufacture and marketing of products and services and the creation, modification or improvement of the Website or any other product or service, whether online or offline.

All User-Generated Content will be considered non-confidential. Subject to Article 121-1 of the French Intellectual Property Code, Tahiti Candles will have the right to use or disclose any User-Generated Content in any way whatsoever without liability to you or without prior notice. You understand and agree that you will have no recourse against Tahiti Candles or any other party if any User-Generated Content that you have created, posted, or transmitted is used as described above by Tahiti Candles or any member of its group.

You guarantee that:
• you are the author of all User-Generated Content;
• all User-Generated Content and any material it may contain are not offensive, abusive, pornographic, defamatory, blasphemous or illegal and do not violate or are not likely to violate the rights of any third party or any applicable right, including but not limited to intellectual property rights;
• all user-generated documents are original works and are not copies, in whole or in part, of a third-party work;
• all User-Generated Content does not contain or constitute software viruses, commercial solicitations, chain letters, mass mailings, or any other form of spam; and
• you will not impersonate any other natural or legal person, use a false email address or mislead us about the origin of User-Generated Content in any way and you agree to indemnify and hold us harmless from any claims by you and/or third parties regarding rights relating to any User-Generated Content.

You agree that Tahiti Candles:
• does not control User-Generated Content and has no obligation to do so;
• is in no way responsible for any User-Generated Content;
• does not guarantee the reliability, integrity or quality of any User-Generated Content;
• cannot guarantee that User-Generated Content that is harmful, inaccurate, misleading, offensive, threatening, defamatory, illegal, or otherwise objectionable will not appear on the Website.

Notwithstanding the foregoing, Tahiti Candles reserves the right to moderate all User-Generated Content and to refuse submission of any User-Generated Content or to remove it at its sole discretion, for example, because it infringes the intellectual property rights of a third party, because its content is inappropriate, obscene, or abusive, or for any other reason. Tahiti Candles is under no obligation to inform you of the reasons for such action.

NON-WAIVER

The failure to exercise, or the delayed exercise, of any of our rights, remedies, powers, or privileges under these Terms of Use, and any communication between us, shall not constitute or be construed as a waiver. Likewise, a partial or single exercise of any right, remedy, power, or privilege under these Terms of Use shall not preclude any subsequent exercise of that right, remedy, power, or privilege by Tahiti Candles.

OTHER LEGAL NOTICES

Legal notices relating to your use of the Website may be found in other parts of the Website. Together with these terms and conditions, these govern how you use the Website, including, but not limited to, the Privacy Policy, the General Terms and Conditions of Sale of Products online, and the withdrawal policy.

QUESTIONS

If you have any questions regarding these terms of use, please contact us by email at contact@tahiticandles.com, by phone at +689 87 30 56 58 or by mail to Customer Service, AVEI'A EURL – Tahiti Candles, Sarateva 3rd floor N°D3, Vallée de Titioro, 98713 Papeete, French Polynesia.

MODIFICATION OF LEGAL NOTICES

We reserve the right to modify these terms and conditions at any time and encourage you to review them as frequently as possible. These modifications will take effect immediately upon their publication on the Website.

APPLICABLE LAW, JURISDICTION AND LANGUAGE

The Website, all content contained therein, and any contract entered into as a result of its use are governed by French law. The parties agree to submit any dispute to the exclusive jurisdiction of the Commercial Court of French Polynesia. All contracts are concluded in French.